Patna High Court
BiharversusRanjeet Kumar Rajak
- Decided
- Disposal
- DISPOSED
Holding
The Appeals are dismissed as infructuous and the interim orders are vacated.
Summary
The State of Bihar filed two Letters Patent Appeals (Nos. 878/2025 and 974/2025) challenging interim orders dated 4 July 2025 and 20 August 2025 issued by a Single Judge in Civil Writ Jurisdiction Case No. 10369/2025. While the appeals were pending, the Single Judge delivered a final order on 11 November 2025, which the State subsequently contested in a separate Letters Patent Appeal No. 02 of 2026. Counsel submitted that, because the final order is now under challenge, the earlier appeals have become infructuous. The Patna High Court agreed, holding that the two appeals could no longer be entertained and therefore disposed of them as infructuous, also vacating the interim orders. The judgment was delivered by the Chief Justice and Justice Mohit Kumar Shah on 21 January 2026.
Issues considered
- Whether Letters Patent Appeals challenging interim orders remain maintainable after a final order has been passed and is itself under challenge
- Whether the earlier appeals become infructuous and should be disposed
Subjects
- Letters Patent Appeal
- interim order
- final order
- infructuous
- vacated order
- Civil Writ Jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.878 of 2025
In
Civil Writ Jurisdiction Case No.10369 of 2025
======================================================
1. The State of Bihar through the Chief Secretary, Home Department,
Government of Bihar, Patna.
2. The Additional Chief Secretary, Home Department, Government of Bihar,
Patna.
3. The Secretary, Home Department, Government of Bihar, Patna.
4. The Director General of Police, Government of Bihar, Patna.
5. The Inspector General of Police (Police Headquarter), Government of Bihar,
Patna.
6. The Deputy Secretary, Home Department (Police Section), Government of
Bihar, Patna.
... ... Appellant/s
Versus
Ranjeet Kumar Rajak Son of Late Mahendra Prasad Rajak, Resident of
Village- Hanswar, Police Station- Manihari, District- Katihar, presently
residing at Flat No. 108B, Vina Vihar Apartment, Nitibagh, Jagdeo Path, P.S.-
Rupaspur, District- Patna.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 974 of 2025
In
Civil Writ Jurisdiction Case No.10369 of 2025
======================================================
1. The State of Bihar the Chief Secretary, Home Department, Government of
Bihar, Patna.
2. The Additional Chief Secretary, Home Department, Government of Bihar,
Patna.
3. The Secretary, Home Department, Government of Bihar, Patna.
4. The Director General of Police, Government of Bihar, Patna.
5. The Inspector General of Police (Police Headquarter), Government of Bihar,
Patna.
6. The Deputy Secretary, Home Department (Police Section), Government of
Bihar, Patna.
Patna High Court L.P.A No.878 of 2025 dt.21-01-2026
2/3
... ... Appellant/s
Versus
Ranjeet Kumar Rajak Son of Late Mahendra Prasad Rajak, Resident of
Village- Hanswar, Police Station- Manihari, District- Katihar, presently
residing at Flat No. 108B, Vina Vihar Apartment, Nitibagh, Jagdeo Path, P.S.-
Rupaspur, District- Patna.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 878 of 2025)
For the Appellant/s : Mr. Shailesh Kumar, AC to GP- 5
For the Respondent/s : Mr. Kumar Kaushik, Advocate
(In Letters Patent Appeal No. 974 of 2025)
For the Appellant/s : Mr. Shailesh Kumar, AC to GP- 5
For the Respondent/s : Mr. Kumar Kaushik, Advocate
Mr. Shubham Priyadarshi, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 21-01-2026
Both the Letters Patent Appeals have been filed
challenging the interim orders dated 04.07.2025 and 20.08.2025
passed by the learned Single Judge in C.W.J.C. No. 10369 of
2025.
2. Learned counsel submits that those orders were
interim orders and in the meantime, final order has been passed
in C.W.J.C. No. 10369 of 2025 on 11.11.2025 and the State of
Bihar has challenged the same in L.P.A. No. 02 of 2026. Since
the final order has been passed and it is challenged in L.P.A. No.
02 of 2026, the matter has become infructuous.
3. In view of such submission, both the Letters
Patna High Court L.P.A No.878 of 2025 dt.21-01-2026
3/3
Patent Appeal Nos. 878 of 2025 and 974 of 2025 stand disposed
of having become infructuous.
4. The interim order also stands vacated.
(Sangam Kumar Sahoo, CJ)
( Mohit Kumar Shah, J)
shailendra/-
AFR/NAFR
CAV DATE
Uploading Date 22.01.2026
Transmission Date
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